04/02/2020
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of a specific provision in the civil law. The indigenous concept of ownership
under customary law is specifically acknowledged and recognized, and coexists with
the civil law concept and the laws on land titling and land registration.[221]
To be sure, the indigenous concept of ownership exists even without a paper
title. The CADT is merely a "formal recognition" of native title. This is clear from
Section 11 of the IPRA, to wit:
"Sec. 11.
Recognition of Ancestral Domain Rights.-- The rights of
ICCs/IPs to their ancestral domains by virtue of Native Title shall be
recognized and respected. Formal recognition, when solicited by ICCs/IPs
concerned shall be embodied in a Certificate of Ancestral Domain Title,
which shall recognize the title of the concerned ICCs/IPs over the
territories identified and delineated."
The moral import of ancestral domain, native land or being native is "belongingness"
to the land, being people of the land-- by sheer force of having sprung from the land
since time beyond recall, and the faithful nurture of the land by the sweat of one's
brow. This is fidelity of usufructuary relation to the land-- the possession of
stewardship through perduring, intimate tillage, and the mutuality of blessings
between man and land; from man, care for land; from the land, sustenance for man.
[222]
C. Sections 7 (a), 7 (b) and 57 of the IPRA Do Not Violate the Regalian
Doctrine Enshrined in Section 2, Article XII of the 1987 Constitution.
1. The Rights of ICCs/IPs Over Their Ancestral Domains and Lands
The IPRA grants the ICCs/IPs several rights over their ancestral domains and
ancestral lands. Section 7 provides for the rights over ancestral domains:
"Sec. 7. Rights to Ancestral Domains.-- The rights of ownership and
possession of ICCs/IPs to their ancestral domains shall be recognized and
protected. Such rights include:
a) Right of Ownership.- The right to claim ownership over lands,
bodies of water traditionally and actually occupied by ICCs/IPs,
sacred places, traditional hunting and fishing grounds, and all
improvements made by them at any time within the domains;
b) Right to Develop Lands and Natural Resources.-- Subject to Section
56 hereof, the right to develop, control and use lands and
territories traditionally occupied, owned, or used; to manage and
conserve natural resources within the territories and uphold the
responsibilities for future generations; to benefit and share the
profits from allocation and utilization of the natural resources
found therein; the right to negotiate the terms and conditions for
the exploration of natural resources in the areas for the purpose
of ensuring ecological, environmental protection and the
conservation measures, pursuant to national and customary laws;
elibrary.judiciary.gov.ph/thebookshelf/showdocsfriendly/1/36882
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